The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-08-03
SUPREME COURT CASES
Reported for The Clarion by W. H. Harper
Attorney at Law, Jackson, Miss.
April TerTu-I8S5.
L., n, O. & T. R. R. Co.,


V.
JESSIE O. MASK, Administrative.
Appeal from the Circuit Court of Goa
homa county. Geo. F. Maynard, Esq.
Special Judge, presiding by agreement,
Hon. j. HI. Wynn having been of
counsel in the case.
w. A. Percy, for the appellant.
Cutrer & Cutrer, for the appellee.
On March ID, 1885, H. Mask pur-
chased ticket at Memphis, Tenn, from
the Louisville, New Orleans and Texas
Railroad Company, to Lula, regular
station on its line in this State, and
took passage on the first train for Lula.
His ticket was duly taken up and can
train approached the station the whistle
was sounded, and the train began to
slow up. Mask and one Haynes, who
were then the only passengers on the
train, took their baggage and went upon
the rear platform of the car. The CON
ductor having looked into the car and
failing to see the two passengers, sig
nailed the train to go ahead, and it did
so. The name of the station was not
called out. Mask and Haynes having
failed to get off walked forward and
exclaimed that they were being carried
beyond their station and asked that the
train be stopped. The conductor i'm
mediately signalled the train to stop.
which was done, the train then being
several hundred yards beyond the depot.
Mask got off the train and went back to
the depot, and finding no conveyance
there had to walk home, distance of
three quarters of a mile. This was
about II o'clock at night, and the night
was dark, cold and rainy, the roadway
was muddy and Mask who was an old
and feeble man was very much ex-
hausted when he reached home. He
went to bed Immediately, and there
remained for some days, and still con-
tinuing enfeebled he made various efforts
to regain his health but without avail,
and on 22d of April, 1886, died. Before
his death he instituted this action
against the Louisville, New Orleans and
Texas Railroad Company, to recover
damages for the injury inflicted on HIN,
and it was revived in the name of his
administrators, Mrs. Jessie O. Mask.
after his death.
When the cause came on for trial at
the March, 1887, term of court, counsel
for the plaintiff asked A. G.. Hartgrove.
q member of the jury, on his roir dire
whether or not he was in the employ of
the defendant, and upon this being
answered in the affirmative, plaintiffs
counsel challenged said Juror for cause.
Before passing upon the competency of
said juror the court, at the instance of
cousel for defendant, examined said
I'm hnr h Il.
upon he stated that he knew nothing of
the facts of this case, that he had never
talked to any one about said facts, and
had never heard of the case until that
and that he was not biased in
favor of the defendant or against the
plaintiff; that he was perfectly free to
return a fair and impartial verdict. |
counsel for the defendant
resisted said challenge for cause of said |
juror. The court sustained the challenge
and the defendant excepted.
Thereupon counsel for the defendant
for cause the juror James |
Young. "Said juror stated on his uoir |
dire, that at the October term 1886. of |
said court he served as a Juror in more
than two cases; that he was not sum- |
moned as one of the regular panel of |
Jurors for that term, but was summoned |
on the first Monday morning of court |
and served for the ensuing week. by |
order of the court; and was then sworn |
in and empanneled as member of the |
regular UeRiTe for that term of court, |
and as such served for the ensuing
week; that he had been regularly sum- |
moned as a regular Juror for the present |
week of court" and had been regularly |
The court overruled the |
challenge Cor cause made by the defend |
ant.
1t was shown by the testimony of /
Mrs. Mask and two physicians that |
Mask had been, sometime in 1884, suffer- /
ng from nervous prostration, that he /
lad grown better and was, at the time
ne was carried by the station at Lula,
,ble to attend to his business, but that
after that night he had never been able
20 attend to any business and had never
been well up to the time of his death,
md that his services were worth 800
Der month to his family. The evidence
If the two physicians was further to the
fleet that his sickness after the walk
rom Lula and continuing to the time of
lis death was most probably induced by
lis exposure and being compelled to
walk from the railroad station to his
lome 1t was further shown that a
ervans and horse were in waiting for
TASK at the station, but that the train
laving passed and no one having gotten
ID, the servant returned home supposing
hat Mask had not come.
The defendant objected to the admis-
ion of the evidence as to defendants
ickness as too remote, but this objec-
ion was overruled.
The jury found for the plaintiff and
ssessed her damages at $1,000. The
efendant appealed from the judgment
{ the court on such verdict.
LREoLD, J., delivered the opinion of
the Court.
The juror Hartgroves, being in the
Employment of appellant was subject to I
hallenge, for that cause. He was not, j